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    “Birds of Prey?”: No Sanctions Over Huge Volume of Lash & Wilcox BK Filings But “Additional Due Diligence” Ordered
    2019-03-07

    It will come as no surprise to avid readers of TCPAWorld.com that some folks may take offense to the tactics of Lash & Wilcox.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Telecoms, Squire Patton Boggs, Due diligence, Debt collection, Telephone Consumer Protection Act 1991 (USA)
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Florida Judge Issues Temporary Injunction to Halt Debt Relief Operation
    2017-06-02

    On May 25, at the request of the FTC and the State of Florida, a Southern District of Florida court issued a preliminary injunction order temporarily halting a debt relief operation that bilked millions of dollars from financially strapped consumers.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Media & Entertainment, Telecoms, Orrick, Herrington & Sutcliffe LLP, Telemarketing, Preliminary injunction, Debt relief, Federal Trade Commission (USA), US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    The ABCs of Statutory Consumer Protection Liability
    2017-05-19

    The number of consumer claims filed since the Great Recession has skyrocketed. These claims include alleged violations of an “alphabet soup” of federal and state consumer protection statutes. These statutes allow prevailing plaintiffs to recover some combination of actual damages, statutory damages, and even attorney’s fees. They also present a minimal risk of liability for defense costs if the plaintiff does not prevail, which makes these types of claims enticing for plaintiffs’ attorneys.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Telecoms, Buchanan Ingersoll & Rooney PC, Consumer protection, Consumer Financial Protection Bureau (USA), Fair Debt Collection Practices Act 1977 (USA), Fair Credit Reporting Act 1970 (USA)
    Authors:
    Scott Richards
    Location:
    USA
    Firm:
    Buchanan Ingersoll & Rooney PC
    District Court Takes on the Intersection of Bankruptcy and the FDCPA
    2017-05-12

    A New York District Court recently tackled the intersection between bankruptcy and pre-petition FDCPA claims and the application of judicial estoppel to undisclosed claims. In December 2013, Jeziorowski filed a complaint alleging violations of the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act of 1991 (TCPA). Jeziorowski v. Credit Prot. Assn., L.P., 2017 U.S. Dist. LEXIS 66084 (W.D.N.Y. 2017). Shortly after filing suit, Jeziorowski filed bankruptcy pursuant to Chapter 7.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Telecoms, Smith Debnam Narron Drake Saintsing & Myers LLP, Telephone Consumer Protection Act 1991 (USA), Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Teenagers And The D.C. Circuit Agree: Internet Service Is A Utility - Will Bankruptcy Courts Follow?
    2016-09-13

    The topic of net neutrality has continued to be at the forefront of public discourse over recent years. This is the result of the FCC’s repeated attempts to impose regulations designed to protect consumers while at the same time telecom companies seek to control their product and the services they provide without what they contend is burdensome regulation. This summer, in U.S. Telecommunication Association v. FCC, the D.C.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Telecoms, Squire Patton Boggs, Federal Communications Commission (USA), United States bankruptcy court
    Authors:
    Peter R. Morrison
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Internet Service a Utility in Bankruptcy? It Might Be Now
    2016-07-11

    Editor’s Note:  One of the many fascinating things about restructuring work is its willingness to evolve by borrowing from other areas of the law.  Just as business practices change, new financing techniques evolve, and transactions become more complex, the bankruptcy world must adapt as well, to allow for a well functioning insolvency system and not a stilted, out of date process.  To that end, we at The Bankruptcy Cave love finding curious decisions in tangential fields of the law, and thinking about how they may change bankruptcy practice, or how bankruptcy pract

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Telecoms, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Net neutrality, ISP, Broadband, Common carrier, Federal Communications Commission (USA), Telecommunications Act 1996 (USA)
    Authors:
    Gwendolyn Godfrey , Sarah M. Good
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Phones for who? Focus on technology companies
    2014-12-09

    Key Points 

    • Phones 4U went into administration in September 2014.
    • Technology companies in the US have also faced a difficult market.
    • Phones 4U’s complicated financing structure contributed to its downfall, as did its reliance on one or two key suppliers.
    • The Protection of Essential Supplies Order will have considerable ramifications for tech suppliers when it comes into force.

    PHONES 4U COLLAPSE: PART 1

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Telecoms, Squire Patton Boggs
    Authors:
    Cathryn Williams
    Location:
    United Kingdom, USA
    Firm:
    Squire Patton Boggs
    Proposed changes to the UK listing regime
    2014-05-07

    Yesterday the UK Financial Conduct Authority (the “FCA”) published  the final text of some significant changes to the Listing Rules.1 The changes, which will come into force on 16 May 2014, are intended to enhance the effectiveness of the UK listing regime, particularly in situations where the rights of minority shareholders are at risk of being abused, and to address concerns in relation to the potential influence of 

    controlling shareholders on UK listed companies, while ensuring that London remains an attractive listing 

    venue.

    Filed under:
    United Kingdom, Capital Markets, Company & Commercial, Insolvency & Restructuring, Telecoms, Fried Frank Harris Shriver & Jacobson LLP, Listing Rules, Financial Conduct Authority (UK)
    Location:
    United Kingdom
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Magyar Telecom B.V. – the restructuring of a high yield bond via an English law scheme of arrangement
    2014-02-11

    On 12 December 2013, our client, Magyar Telecom B.V. (the “Company”), a Dutch holding company of the Invitel group of companies (the “Group”) and one of the leading telecommunication services providers in Hungary, completed the restructuring of its €345 million 9.5% Senior Secured Notes due 2016 (the “Notes”).

    Filed under:
    United Kingdom, USA, Banking, Insolvency & Restructuring, Litigation, Telecoms, White & Case, Bond (finance), Economic development, Emerging markets
    Authors:
    Stephen Phillips , David Becker , Boris Docekal
    Location:
    United Kingdom, USA
    Firm:
    White & Case
    Vermont rejects Fairpoint reorganization plan
    2010-07-02

    On Monday, the Vermont Public Safety Board (VPSB) threw up a roadblock against Fairpoint Communications’ quest to emerge from bankruptcy with the issuance of a 96- page order that rejects the company’s plan of reorganization. Saddled with debt accruing from its $2.3 billion purchase of landline phone assets from Verizon Communications in 2008, Fairpoint—a regional provider of landline telephone services in the states of Vermont, New Hampshire and Maine—filed for Chapter 11 bankruptcy protection in October of 2009.

    Filed under:
    USA, Vermont, Insolvency & Restructuring, Telecoms, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bankruptcy, ISP, Board of directors, Broadband, Option (finance), Debt, Verizon Communications
    Authors:
    Patrick S. Campbell
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP

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